8/13/2018 12:48:58 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022882
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My objection to some of the comments regarding the GM's drainage effort is that they act to delegitimize the proposal before any of it is made public.
In my opinion, it is prudent that the GM seek advice from counsel regarding owner's drainage responsibilities as expressed in the DR's. The scope of the effort demands nothing less than a full understanding of the applicable obligations of owners and the Association. Jeremy Tucker's comments at the annual meeting indicate that there is reason to better identify respective obligations. The words and phrases in the DR's are not just filler. They have meaning and it is entirely appropriate to get advice regarding the meaning of the drainage provisions. After the annual meeting, several comments have been made to the effect that the GM is "stupid" to be considering the impact on owners who may have resource or physical condition limitations that may inhibit their ability to comply with potential owner drainage responsibilities. No, the GM would properly be subject to criticism if he did not foresee such potential issues should owners be subject to drainage responsibilities not now in effect. I have decided to limit myself to one "SPECIFIC" criticism example. Those who have questioned the GM's judgment, the pretext of his actions or his intelligence can can self-identify themselves in my comments and reply as they see fit. msg 1022246 (Joe Reynolds): class action should Bailey get his wish; definite possibility is an extreme effort to change the DR's; this nonsense initiated by Bailey. You forgot to add that the sky is falling down on Ocean Pines. Jim Trummel |
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For reference, the above message is a reply to a message where: Jim, here is a discussion I started back on June 12, 2018. Among the 119 posts in the thread, one will note a part of Bailey's handout back on June 12 contained a section titled "Who is Responsible and for What." Bailey went so far as to suggest the physical capabilities of lot owners should be considered in regard to individual lot owners maintaining their ditches. However, I do believe some of the criticism of Bailey is unwarranted. If, and it is a big if, Bailey is reacting solely to pressure from Slobodan Trendic with regard to who is legally responsible for maintaining ditches, then I submit Bailey is more responsible for causing this ruckus than Trendic. That aside, what SPECIFIC criticism of Bailey is unwarranted? He needs to make sure that any proposal is in accordance with property rights and responsibilities. Proposal? What proposal? Association members have been clamoring for decades for drainage problem relief. Bailey's excursion down some legal path, perhaps prompted only by Trendic, does nothing to solve any drainage problem. It will only cause more political strife for no good reason. Furthermore, for Bailey to suggest that OPA drainage policy may somehow hinge on the physical capabilities of individual lot owners and their ability to clean OPA ditches is one of the more preposterous potential policy ideas I've heard in 30 years. He suggested exactly that. I sat in the room and heard him say it, and reported on it the same day he said it. |
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